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  1. Can the Reasonable Doubt Standard be Justified? A Reconstructed Dialogue.Federico Picinali - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):365-402.
    The justification of the reasonable doubt standard has been hotly debated in recent years. Deontologists—including retributivists—have generally defended the standard, whilst consequentialists have generally argued for a lower standard of proof. Captivating arguments have been produced from both sides. The paper narrates this debate through a dialogue between ideal representatives of these different camps. In doing so, it recasts—and, hopefully, improves—some of the arguments presented thus far. Then, the paper introduces a new participant in the debate, the Intermediary. The Intermediary (...)
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  • How (and How Not) to Defend Lesser-Evil Options.Kerah Gordon-Solmon - 2022 - Journal of Moral Philosophy 20 (3-4):211-232.
    Many philosophers believe in lesser-evil justifications for doing harm: if the only way to stop a trolley from killing five is to divert it away onto one, then we may divert. But recently, Helen Frowe has argued that we do not only have the option to pursue the lesser evil: in most cases, we are so obligated. After critically assessing Frowe’s argument, I develop three mutually compatible accounts of lesser-evil options, which permit, but do not obligate us to minimize harm. (...)
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  • A Question-Sensitive Theory of Intention.Bob Beddor & Simon Goldstein - 2022 - Philosophical Quarterly 73 (2):346-378.
    This paper develops a question-sensitive theory of intention. We show that this theory explains some puzzling closure properties of intention. In particular, it can be used to explain why one is rationally required to intend the means to one’s ends, even though one is not rationally required to intend all the foreseen consequences of one’s intended actions. It also explains why rational intention is not always closed under logical implication, and why one can only intend outcomes that one believes to (...)
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  • Pacifism and Targeted Killing as Force Short of War.Nicholas Parkin - 2019 - In Jai Galliott (ed.), Force Short of War in Modern Conflict.
    Anti-war pacifism eschews modern war as a means of attaining peace. It holds war to be not only evil and supremely harmful, but also, on balance, morally wrong. But what about force short of war? The aim of this paper is to analyse targeted killing, a specific form of force short of war, from an anti-war pacifist perspective, or, more specifically, from two related but distinct pacifist perspectives: conditional and contingent. Conditional pacifism deems war to be unjustified if the condition (...)
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  • The knowledge norm of assertion: keep it simple.Max Lewis - 2021 - Synthese 199 (5-6):12963-12984.
    The simple knowledge norm of assertion holds that one may assert that p only if one knows that p. Turri :37–45, 2011) and Williamson both argue that more is required for epistemically permissible assertion. In particular, they both think that the asserter must assert on the basis of her knowledge. Turri calls this the express knowledge norm of assertion. I defend SKNA and argue against EKNA. First, I argue that EKNA faces counterexamples. Second, I argue that EKNA assumes an implausible (...)
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  • Recovering the Logic of Double Effect for Business: Intentions, Proportionality, and Impermissible Harms.Rosemarie Monge & Nien-hê Hsieh - 2020 - Business Ethics Quarterly 30 (3):361-387.
    ABSTRACTBusiness actors often act in ways that may harm other parties. While the law aims to restrict harmful behavior and to provide remedies, legal systems do not anticipate all contingencies and legal regulations are not always well-enforced. This article argues that the logic of double effect, which has been developed and deployed in other areas of practical ethics, can be useful in helping business actors decide whether or not to pursue potentially harmful activities in commonplace business activity. The article illustrates (...)
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  • Conditional and Contingent Pacifism: the Main Battlegrounds.Nicholas Parkin - 2017 - Critical Studies 2 (6):193-206.
    Anti-war pacifism rejects modern war as a means of attaining peace. This paper outlines two varieties of theoretical anti-war pacifism: conditional pacifism (war is conditionally unjustifiable due to the harm it causes to innocent persons) and contingent pacifism (war is justified if certain criteria are met but contingent facts about modern war mean that few, if any, actual wars meet these criteria). It elucidates the main points of contention at which these positions intersect with other war institution preserving theories, and (...)
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  • Out of Proportion? On Surveillance and the Proportionality Requirement.Kira Vrist Rønn & Kasper Lippert-Rasmussen - 2020 - Ethical Theory and Moral Practice 23 (1):181-199.
    In this article, we critically scrutinize the principle of proportionality when used in the context of security and government surveillance. We argue that McMahan’s distinction from just warfare between narrow proportionality and wide proportionality can generally apply to the context of surveillance. We argue that narrow proportionality applies more or less directly to cases in which the surveilled is liable and that the wide proportionality principle applies to cases characterized by ‘collateral intrusion’. We argue, however, that a more demanding criterion (...)
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  • The Intention Principle and the Doctrine of Double Effect.Amir Saemi - 2019 - Analysis 79 (1):91-99.
    It is commonly believed that the Doctrine of Double Effect is identical with, or presupposes, the Intention Principle according to which an act can be impermissible if done with a wrongful intention. A main line of objections to the DDE, then, stems from the worry that the Intention Principle implausibly interiorizes the wrongness of an action. I will argue, first, that the DDE does not presuppose the Intention Principle, and, second, that intuitions brought against the Intention Principle do not warrant (...)
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  • (1 other version)The Secret to the Success of the Doctrine of Double Effect : Biased Framing, Inadequate Methodology, and Clever Distractions.Uwe Steinhoff - 2018 - The Journal of Ethics 22 (3-4):235-263.
    There are different formulations of the doctrine of double effect, and sometimes philosophers propose “revisions” or alternatives, like the means principle, for instance. To demonstrate that such principles are needed in the first place, one would have to compare cases in which all else is equal and show that the difference in intuitions, if any, can only be explained by the one remaining difference and thus by the principle in question. This is not the methodology defenders of the DDE and (...)
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  • Therapeutic use exemptions and the doctrine of double effect.Jon Pike - 2018 - Journal of the Philosophy of Sport 45 (1):68-82.
    Without taking a position on the overall justification of anti-doping regulations, I analyse the possible justification of Therapeutic Use Exemptions from such rules. TUEs are a creative way to prevent the unfair exclusion of athletes with a chronic condition, and they have the potential to be the least bad option. But they cannot be competitively neutral. Their justification must rest, instead, on the relevance of intentions to permissibility. I illustrate this by means of a set of thought experiments in which (...)
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  • Targeting Human Shields.Amir Saemi & Philip Atkins - 2018 - Philosophical Quarterly 68 (271):328-348.
    In this paper, we are concerned with the morality of killing human shields. Many moral philosophers seem to believe that knowingly killing human shields necessarily involves intentionally targeting human shields. If we assume that the distinction between intention and foresight is morally significant, then this view would entail that it is generally harder to justify a military operation in which human shields are knowingly killed than a military operation in which the same number of casualties result as a merely foreseen (...)
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  • Double effect, doing and allowing, and the relaxed nonconsequentialist.Fiona Woollard - 2017 - Philosophical Explorations 20 (sup2):142-158.
    Many philosophers display relaxed scepticism about the Doctrine of Doing and Allowing and the Doctrine of Double Effect, suspecting, without great alarm, that one or both of these Doctrines is indefensible. This relaxed scepticism is misplaced. Anyone who aims to endorse a theory of right action with Nonconsequentialist implications should accept both the DDA and the DDE. First, even to state a Nonconsequentialist theory requires drawing a distinction between respecting and promoting values. This cannot be done without accepting some deontological (...)
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  • Intentions, Permissibility, and Choice.Anton Markoč - 2018 - Res Publica 24 (4):493-508.
    T. M. Scanlon has argued that the intentions with which one acts, or more specifically, one’s reasons for acting, are non-derivatively irrelevant to the moral permissibility of one’s actions. According to one of his arguments in favor of that thesis, it can be permissible to act for one reason rather than another only if one can choose to act for a reason but, since that choice is impossible since believing as will is impossible, one can be permitted to act but (...)
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  • A justification of whistleblowing.Daniele Santoro & Manohar Kumar - 2017 - Philosophy and Social Criticism 43 (7):669-684.
    Whistleblowing is the act of disclosing information from a public or private organization in order to reveal cases of corruption that are of immediate or potential danger to the public. Blowing the whistle involves personal risk, especially when legal protection is absent, and charges of betrayal, which often come in the form of legal prosecution under treason laws. In this article we argue that whistleblowing is justified when disclosures are made with the proper intent and fulfill specific communicative constraints in (...)
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  • Preventing Optimific Wrongings.Thomas Sinclair - 2017 - Utilitas 29 (4):453-473.
    Most people believe that the rights of others sometimes require us to act in ways that have even substantially sub-optimal outcomes, as viewed from an axiological perspective that ranks outcomes objectively. Bringing about the optimal outcome, contrary to such a requirement, is an ‘optimific wronging’. It is less clear, however, that we are required to prevent optimific wrongings. Perhaps the value of the outcome, combined with the relative weakness of prohibitions on allowing harm as compared to those against doing harm, (...)
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  • Political Anti-Intentionalism.Matthias Brinkmann - 2018 - Res Publica 24 (2):159-179.
    There has been little debate in political philosophy about whether the intentions of governments matter to the legitimacy of their policies. This paper fills this gap. First, I provide a rigorous statement of political anti-intentionalism, the view that intentions do not matter to political legitimacy. I do so by building on analogous debates in moral philosophy. Second, I sketch some strategies to defend political anti-intentionalism, which I argue are promising and available to a wide range of theories of legitimacy. Third, (...)
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  • Unjust Wars Worth Fighting For.Victor Tadros - 2016 - Journal of Practical Ethics 4 (1).
    I argue that people are sometimes justified in participating in unjust wars. I consider a range of reasons why war might be unjust, including the cause which it is fought for, whether it is proportionate, and whether it wrongly uses resources that could help others in dire need. These considerations sometimes make fighting in the war unjust, but sometimes not. In developing these claims, I focus especially on the 2003 Iraq war.
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  • Does it Matter Who is Driving the Trolley?Matej Sušnik - 2016 - Dialectica 70 (1):49-63.
    Contemporary defenses of the doctrine of double effect are mainly focused on avoiding the absurdity charge raised by Judith Thomson (). There are two strategies proposed in the literature for refuting Thomson's argument. In this paper I argue that answering Thomson's challenge comes at a heavy price: while both versions of the DDE that are developed within these two strategies successfully avoid the absurdity charge, they also remain incomplete. Thomson's argument reveals that the proponents of the DDE can at best (...)
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  • Should We Prevent Optimific Wrongs?Andreas Mogensen - 2016 - Utilitas 28 (2):215-226.
    Most people believe that some optimific acts are wrong. Since we are not permitted to perform wrong acts, we are not permitted to carry out optimific wrongs. Does the moral relevance of the distinction between action and omission nonetheless permit us to allow others to carry them out? I show that there exists a plausible argument supporting the conclusion that it does. To resist my argument, we would have to endorse a principle according to which, for any wrong action, there (...)
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  • Impure Agency and the Just War.Rosemary B. Kellison - 2015 - Journal of Religious Ethics 43 (2):317-341.
    Feminist critiques of intention challenge some aspects of traditional just war reasoning, including the criteria of right intention and discrimination. I take note of these challenges and propose some directions just war reasoners might take in response. First, right intention can be evaluated more accurately by judging what actors in war actually do than by attempting to uncover inward dispositions. Assessing whether agents in war have taken due care to minimize foreseeable collateral damage, avoided intentional targeting of noncombatants, corrected previous (...)
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  • An Eye for an Eye: Proportionality and Surveillance.Kevin Macnish - 2015 - Ethical Theory and Moral Practice 18 (3):529-548.
    It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. I argue that surveillance should indeed be proportionate and draw on Thomas Hurka’s work on proportionality in war to inform the debate on surveillance. After distinguishing between the proportionality of surveillance per se, and surveillance as a particular act, I deal with objections to using proportionality as a legitimate ethical (...)
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  • On the Equivalence of Trolleys and Transplants: The Lack of Intrinsic Difference between ‘Collateral Damage’ and Intended Harm.Howard Nye - 2014 - Utilitas 26 (4):432-479.
    In this article I attempt to show conclusively that the apparent intrinsic difference between causing collateral damage and directly attacking innocents is an illusion. I show how eleven morally irrelevant alterations can transform an apparently permissible case of harming as a side-effect into an apparently impermissible case of harming as a means. The alterations are as obviously irrelevant as the victims’ skin colour, and consistently treating them as relevant would have unacceptable implications for choices between more and less harmful ways (...)
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  • Born Free and Equal? A Philosophical Inquiry Into the Nature of Discrimination.Kasper Lippert-Rasmussen - 2013 - New York: Oxford University Press.
    This book addresses these three issues: What is discrimination?; What makes it wrong?; What should be done about wrongful discrimination? It argues: that there are different concepts of discrimination; that discrimination is not always morally wrong and that when it is, it is so primarily because of its harmful effects.
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  • Putting the trolley in order: Experimental philosophy and the loop case.S. Matthew Liao, Alex Wiegmann, Joshua Alexander & Gerard Vong - 2012 - Philosophical Psychology 25 (5):661-671.
    In recent years, a number of philosophers have conducted empirical studies that survey people's intuitions about various subject matters in philosophy. Some have found that intuitions vary accordingly to seemingly irrelevant facts: facts about who is considering the hypothetical case, the presence or absence of certain kinds of content, or the context in which the hypothetical case is being considered. Our research applies this experimental philosophical methodology to Judith Jarvis Thomson's famous Loop Case, which she used to call into question (...)
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  • (1 other version)Three Cheers for Double Effect.Dana Kay Nelkin & Samuel C. Rickless - 2014 - Philosophy and Phenomenological Research 89 (1):125-158.
    The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...)
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  • Criminalizing the State.François Tanguay-Renaud - 2013 - Criminal Law and Philosophy 7 (2):255-284.
    In this article, I ask whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a focus on the possibility of its domestic criminalization. I proceed by identifying what I take to be the core objections to such criminalization, and then investigate ways in which they can be challenged. First, I address the claim that the state is not a kind of entity that can intelligibly perpetrate domestic criminal wrongs. I argue against it by (...)
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  • Intentions and consequences in military ethics.Peter Olsthoorn - 2011 - Journal of Military Ethics 10 (2):81-93.
    Utilitarianism is the strand of moral philosophy that holds that judgment of whether an act is morally right or wrong, hence whether it ought to be done or not, is primarily based upon the foreseen consequences of the act in question. It has a bad reputation in military ethics because it would supposedly make military expedience override all other concerns. Given that the utilitarian credo of the greatest happiness for the greatest number is in fact agent-neutral, meaning that the consequences (...)
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  • Creating and Redirecting Threats.Victor Mardellat - 2021 - Pacific Philosophical Quarterly 104 (1):145-169.
    In the third volume of On What Matters, Derek Parfit argued that the distinction between imposing a newly created threat on someone and making what threatens some people instead threaten someone else has no genuine moral significance. This article's central thesis is that although there is much to learn from Parfit's arguments, they are ultimately unsuccessful at establishing that the redirected versus newly created threats distinction is morally irrelevant. In particular, I show that my Causal Sequences Principle specifies this distinction (...)
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  • (1 other version)The Secret to the Success of the Doctrine of Double Effect (and Related Principles): Biased Framing, Inadequate Methodology, and Clever Distractions.Uwe Steinhoff - 2018 - The Journal of Ethics 22 (3-4):235-263.
    There are different formulations of the doctrine of double effect (DDE), and sometimes philosophers propose “revisions” or alternatives, like the means principle, for instance. To demonstrate that such principles are needed in the first place, one would have to compare cases in which all else is equal and show that the difference in intuitions, if any, can only be explained by the one remaining difference and thus by the principle in question. This is not the methodology defenders of the DDE (...)
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  • Considering Intentions in Decision Making: What Is So Odd about It?Anton Markoč - 2017 - Journal of Social Philosophy 48 (4):481-498.
    An influential objection to the view that intentions are non-derivatively relevant to the moral permissibility of actions states that if intentions were relevant to permissibility in such a way, one would have to take them into account in decision making, which would be odd (in some morally relevant sense of ‘oddness’). The paper outlines and assesses three candidates for the oddness: that considering intentions in decision making is an unordinary practice, that it is impossible or conceptually confused, and that it (...)
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  • THE CONTOURS OF FREE WILL SCEPTICISM.Simon Pierre Chevarie-Cossette - 2019 - Dissertation, Oxford University
    Free will sceptics claim that we lack free will, i.e. the command or control of our conduct that is required for moral responsibility. There are different conceptions of free will: it is sometimes understood as having the ability to choose between real options or alternatives; and sometimes as being the original or true source of our own conduct. Whether conceived in the first or in the second way, free will is subject to strong sceptical arguments. However, free will sceptics face (...)
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  • The Doctrine of Double Effect and the Trolley Problem.Whitley R. P. Kaufman - 2016 - Journal of Value Inquiry 50 (1):21-31.
    It is widely held by moral philosophers that J.J. Thomson’s “Loop Variant,” a version of the Trolley Problem first presented by her in 1985, decisively refutes the Doctrine of Double Effect as the right explanation of our moral intuitions in the various trolley-type cases.See Bruers and Brackman, “A Review and Systematization of the Trolley Problem,” Philosophia 42:2 : 251–269; T. Scanlon, Moral Dimensions: Permissibility, Meaning, Blame ; Peter Singer, “Ethics and Intuitions,” Journal of Ethics 9:314 : 331–352, p. 340; Matthew (...)
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  • (1 other version)Defending double effect.Ralph Wedgwood - 2011 - Ratio 24 (4):384-401.
    This essay defends a version of the Doctrine of Double Effect (DDE) – the doctrine that there is normally a stronger reason against an act that has a bad state of affairs as one of its intended effects than against an otherwise similar act that has that bad state of affairs as an unintended effect. First, a precise account of this version of the DDE is given. Secondly, some suggestions are made about why we should believe the DDE, and about (...)
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  • (1 other version)Three Cheers for Double Effect.Samuel C. Rickless Dana Kay Nelkin - 2014 - Philosophy and Phenomenological Research 89 (1):125-158.
    The doctrine of double effect, together with other moral principles that appeal to the intentions of moral agents, has come under attack from many directions in recent years, as have a variety of rationales that have been given in favor of it. In this paper, our aim is to develop, defend, and provide a new theoretical rationale for a secular version of the doctrine. Following Quinn (1989), we distinguish between Harmful Direct Agency and Harmful Indirect Agency. We propose the following (...)
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  • Scanlon on Double Effect. [REVIEW]Ralph Wedgwood - 2011 - Philosophy and Phenomenological Research 83 (2):464-472.
    In this new book Moral Dimensions, T. M. Scanlon (2008) explores the ethical significance of the intentions and motives with which people act. According to Scanlon, these intentions and motives do not have any direct bearing on the permissibility of the act. Thus, Scanlon claims that the traditional Doctrine of Double Effect (DDE) is mistaken. However, the way in which someone is motivated to act has a direct bearing on what Scanlon calls the act's "meaning". One particularly important kind of (...)
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  • A Stronger Doctrine of Double Effect.Ben Bronner & Simon Goldstein - 2018 - Australasian Journal of Philosophy 96 (4):793-805.
    Many believe that intended harms are more difficult to justify than are harms that result as a foreseen side effect of one's conduct. We describe cases of harming in which the harm is not intended, yet the harmful act nevertheless runs afoul of the intuitive moral constraint that governs intended harms. We note that these cases provide new and improved counterexamples to the so-called Simple View, according to which intentionally phi-ing requires intending to phi. We then give a new theory (...)
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  • The Doctrine of Double Effect: Intention and Permissibility.William J. FitzPatrick - 2012 - Philosophy Compass 7 (3):183-196.
    The Doctrine of Double Effect (DDE) is an influential non-consequentialist principle positing a role for intention in affecting the moral permissibility of some actions. In particular, the DDE focuses on the intend/foresee distinction, the core claim being that it is sometimes permissible to bring about as a foreseen but unintended side-effect of one’s action some harm it would have been impermissible to aim at as a means or as an end, all else being equal. This article explores the meaning and (...)
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